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Creditor Harassment – Fair Debt Collection Practices Act

The Fair debt practices act is a body of law that shelters the rights of the people from being harassed by the creditors. It ensures that all consumers get an opportunity of getting a chance of paying back their debts in an organized manner rather than getting threats over the phone, or being falsely accused. The FDCPA is designed in such a way that it can fight back the abusive creditors and if required can also put a penalty on them which might even count up to $1000.

There are certain ways by which creditors can possibly harass the debtors:

Utilizing unfair practices in collection of debt

* There are situations where the debt collectors may charge more than the original amount.

* The debt collectors may ask the consumers to incur certain extra financial charges.

* The debt collectors may threaten to damage personal property.

* Unfair or outrageous collection activities are practiced by the debt collectors.

Harassment or abuse

* The debt collectors may use criminal means to extract the amount from the debtors.

* Usage of obscene or profane language over the phone.

* The debt collectors often hide their identity.

* The conduct of the debt collector is abusive and oppressive.

Communication with the consumers and others

* At times even after knowing that there is a limitation on time, the creditors call up the debtors during odd hours.

* In spite of being aware that the settlement is being represented by an attorney, the creditors do not stop calling the debtors.

* Even after asking the creditors to cease all communication with the debtors, the creditors still continue to communicate with the debtors.

* The debt collector communicates with the neighbors, friends, and publicizes and confronts the debt allegedly, and threatens to collect the debt from them.

Notice Violation

* The creditor sends a letter to the debtor addressing him as dead beat which means someone who has no money to pay for his credit cards.

* The creditor sends out a collection letter which signifies a court order.

Although FDCPA offers protection toward saving the consumers’ rights there are still some limitations which may apply

* Firstly, the debt must be a consumer debt and not a business debt.

* FDCPA does not apply to original creditor.

* It is only the attorney who can suggest which law applies and when, so that he can give him the required protection as and where required.

The FDCPA has been designed in such a way that it can protect human rights against creditor harassment. If the harassment is illegal, the consumers can sue the debt collectors for any kind of damages done either to their personal property or to them. A local consumer attorney can guide the consumers as to whether the case of violation of FDCPA laws against the debt collectors is legal or not!